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Hulk Hogan Awarded $60 Million For Emotional Distress

Hulk Hogan Awarded $60 Million For Emotional DistressEvery now and then, you read about someone filing a lawsuit trying to recover for emotional distress, and you probably wonder, “Is this a real thing?” One of those cases, may have been Terry Bollea, more commonly known by his professional wrestling alias Hulk Hogan, filing suit against Gawker Media, and its owner Nick Denton, for an invasion of privacy claim stemming from the leak of a sex tape featuring Terry Bollea.

The case and high-profile trial was mainly covered by the media as a First Amendment case involving issues of privacy and free speech, but among the law suit’s counts was a claim for intentional infliction of emotional distress (IIED).

On Friday, March 18, 2016, a Florida civil jury awarded Hulk Hogan $115 million total, $60 million of which was for emotional distress.

So what exactly is IIED, and how does it work in the Florida courts?

Requirements Of IIED

IIED is its own cause of action in the state of Florida. To state a claim for IIED in Florida, the facts supporting the claim must be of such a... full post

Understanding Negligent Infliction Of Emotional Distress And The Impact Rule

Understanding Negligent Infliction Of Emotional Distress And The Impact RuleA drunk driver swerves off the road, hitting and killing a girl walking along the sidewalk. The girl’s mother, hearing the impact of the accident, runs to the scene of the accident to find her daughter’s lifeless body. The mother is so overcome with shock and grief at the sight that she collapses and dies on the spot.

Can the drunk driver be sued for causing the mother’s death?

For a very long time in Florida, the answer was no because of something called the Impact Rule. The impact rule stated that before someone can recover for emotional distress caused by the negligence of another, the emotional distress needs to be caused by a physical impact.

In the example above, the drunk driver would certainly be subject to multiple civil and criminal liabilities stemming from the death of the daughter, but under the Impact Rule, he would not be liable for the emotional distress that led to the mother’s death because the mother never suffered a physical impact.

Florida’s laws concerning the Impact Rule... full post

What You Should Know About Driving Anxiety

What You Should Know About Driving AnxietyWe all feel a little nervous or anxious sometimes. Whether it is right before a test or when watching a particularly scary movie. Even getting behind the wheel can be a bit nerve wracking from time to time. However, what happens when those nerves just don’t seem to go away? Or feel so intense that you having trouble breathing?

This is when your feelings are more than just a case of nerves, but rather are feelings of full-blown anxiety disorder.
An anxiety disorder is a type of mental health disorder that is characterized by feelings of fear, worry, or anxiety that are strong enough to interfere with an individual’s daily life.

The fear of driving, also known as Vehophobia, is anxiety that is focused on driving a vehicle, being a passenger in a vehicle, and/or being stuck in certain driving situations. This fear often causes an individual to avoid driving as much as possible, creating excusing to not drive, and even refusing to get their driver’s license for years.

Those with this intense driving anxiety may feel one or more of the... full post

Toxic Mold And You

Toxic Mold And YouMold is a type of fungus that can grow in multiple environments from old bread to the bathroom wall. No one is excited to spot this around their home, but sadly, it can be all too easy for it to thrive beyond our view. That aside, depending on what type of mold is around, you could have yourself a serious health risk growing right under your nose.

What Is Toxic Mold?

The term ‘toxic mold’ is a bit misleading. In high enough concentrations, all molds are bad for your health. Thus, this term tends to be used rather loosely. However, there are a few forms of mold that are considered ‘toxigenic’. These molds are often spread through spores and can cause serious health issues when ingested over long periods of time.

One of the most well-known ‘toxigenic’ molds is called Black Mold. This fungus comes in a greenish black color and can often be found in flood-damaged buildings and homes. However, only certain strains of this fungus are dangerous.

Still whether the mold you find in your home is ‘toxigenic’ or not, mold still isn’t... full post

The Basics Of Brain Injury

The Basics Of Brain InjuryAccording to the Centers for Disease Control and Prevention, as many as 1.4 million Americans suffer a brain injury each year. Brain injuries can be caused by anything from a car accident to a fall in the shower. Sadly, brain injuries aren’t always as obvious as we’d like them to be. Even doctors and other medical professionals can sometimes misdiagnose the condition or miss it all together.

Types Of Brain Injury

A brain injury is a type of injury involving a physical trauma to the head and brain that causes harm to its normal functions. A brain injury can range from mild to severe and its symptoms can be hard to notice. That aside, brain injuries also comes with its own different types as well including:

Concussions are the most common type of brain injury and are caused by violent shaking of the brain due to a blow or jolt to the head. These can be especially common in contact sports such as football. Though most concussions are mild in nature, frequent concussions can really take a toll on the brain and cause permanent... full post

Child Bicycle Accidents And Liability

Child Bicycle Accidents And LiabilityFor those out cycling in the warm Florida breeze, a collision with a car is often your greatest fear. Though this is an uncommon occurrence, it still holds enough fear to keep many cycling in general. Regardless, it still occurs and the many of the victims are unfortunately children.

In 2011, a total of 677 bicyclists were killed in car collisions. Children aged 14 and younger accounted for 9 percent of those fatalities. 69 percent of those fatalities were by male children.

Drivers are always expected and required to show a reasonable amount of care in regards to others on the road. However, when there are children involved, an excess amount of care is required in order to ensure both the safety of the driver and the child. Since children are unlikely to fully understand the wait of their actions, they are held to a lower standard than drivers are. This standard can vary a bit depending on the age of the child.

For example, a 15 year old should know to watch out for other vehicles on the road. However, a 5 year... full post

Road Rage And Your Safety

Road Rage And Your SafetyWe have all been an angry driver here or there. That time someone forgot to turn on their blinker before turning or that other time when someone cut you off. Or even that rather frightening time when someone almost hit you because they weren’t paying attention. While all those things may ‘grind your gears’, you certainly wouldn’t push it farther than a honk of the horn or a few muttered curse words.

But what happens when the other driver seems to be taken by road rage?

While on the road, you can only control yourself and your own vehicle, and aggressive drivers will be there regardless of how safe you are. In fact, you most likely have been in a ‘road rage’ situation before or have heard countless incidents of it on the news. It can be a rather scary situation to be in and though some leave it without a scratch, others have faced dire consequences.

Road rage is a term often used for aggressive drivers on the road. Though this term can be thrown around a bit, it is meant to be... full post

Who’s Liable In A Trampoline Accident?

Who’s Liable In A Trampoline Accident?With the warm spring and summer weather flooding in, everyone is excited to put out the old trampoline and learn some new tricks. However, this also means that a few trampoline accidents are bound to occur as well.

When someone is hurt in a trampoline accident, lawsuits typically don’t follow. After all, the trampoline is known to be a bit on the dangerous side to begin with and it can be all too easy for someone to get hurt.

However, what happens if the accident was caused by someone’s negligence in the matter?

Though the jumpers themselves are typically the ones to blame, doesn’t mean it is always their fault. Even trampolines require a certain amount of care, supervision, and proper materials to work correctly.

So if it isn’t their fault, who’s to blame?

Actually, there are a few people who could be responsible for the accident. It could be any one of them or it could be a combination of all. Here are your most likely suspects:

1. The Trampoline’s Manufacturer Or Part Creator

The manufacturer of a trampoline is responsible for upholding their... full post

6 Myths About Concussions

6 Myths About ConcussionsConcussions are the most common type of brain injury and can be one of the most challenging to recognize. The individuals most at risk for concussions include athletes, car accident victims, and slip and fall victims. With just how difficult it can be to diagnose an actual concussion, it is no wonder that there are several myths surrounding the injury.

In order to make sure you do not fall for one of the several concussion myths, here are just a few you have probably heard and shouldn’t listen to:

MYTH 1: You Will Always Lose Consciousness When Experiencing A Concussion

While some people do lose consciousness after a blow to the head, this is not true for all individuals with concussions. Usually, the loss of consciousness says a lot more about the severity of the concussion rather than the existence of the concussion.

MYTH 2: Symptoms Appear Immediately After A Blow To The Head

Again, this will occur for some and not to others. Concussion symptoms may not show up until a day or two after the initial blow to the head. That is why it is... full post

What You Should Know About Amusement Park Accidents

What You Should Know About Amusement Park AccidentsWith the warm weather flooding in, amusement parks all over are being packed with excited children and adult alike. With so many great rides from bumper cars to roller coasters, there is often something for everyone to enjoy and be excited for.

While this is all good and fun, it is important to be careful during your stay. After all, amusement parks are not without danger.

According to the Consumer Product Safety Commissions, about 9,000 people were injured on amusement park rides in 2006. However, these numbers only reflect the injuries that were serious enough to need emergency room treatment, meaning that the total number of injury is even higher. The largest culprits of these accidents tend to be roller coasters and whirling rides.

Children represent around half of those injuries. Most of which were between the ages of 10 and 14 years old. If that wasn’t scary enough, in accidents where the rider falls or is forcefully ejected from an amusement park ride, children made up ¾ of the victims.

Types Of Amusement Park Injuries

There are several types... full post

Why Do I Need A Social Security Lawyer?

Why Do I Need A Social Security Lawyer?If the unfortunate happens and you find yourself in an accident that impacts your ability to work—or leaves unable to work at all—it’s not the end of the world. You may no longer be able to draw a salary at your previous job, but you can still receive financial assistance from the US government in the form of something known as social security disability insurance, or SSD, or SSDI. However, just because this safeguard is in place, things don’t always run smoothly, and you may actually run into some trouble getting your claim for SSD recognized.

Even in a case like this, it doesn’t mean you have to panic. There are still avenues open to you, including getting the services of an experienced social security lawyer in your corner to help you. But how exactly does this process work?

What Is Social Security Disability Insurance?

SSD is organized and maintained by the US government. It is a payroll tax-funded, federal insurance program that is managed by an organization called the social security administration. SSD is designed to... full post

How Far Can I Go With Punitive Damages?

How Far Can I Go With Punitive Damages?Sometimes the unthinkable happens, and a terrible incident, possibly even involving death, can occur through no fault of your own. When you are victimized by an incredible injury or tragic loss of life, that is a traumatic enough experience as it is. But if it comes out that the loss could have been easily prevented had someone else been more responsible—or in some cases, less malicious—then simply going to court to sue for negligence may not be enough. In such cases, a person may want something more extreme, and in the eyes of the law, that extreme response is known as punitive damages.

What Are Punitive Damages?

As the name implies, punitive damages are a specific form of lawsuit that go above and beyond just trying to get the financial compensation you may be due, and is instead focused on financially “punishing” the responsible party with an extreme amount of money. It is intended to make the offending party an “object lesson” and send a message to others about the consequences of irresponsible action.

In other words, punitive damages... full post

Spring Weather And The Rise Of Drunk Driving Accidents

Spring Weather And The Rise of Drunk Driving AccidentsAs the warm weather approaches and springtime comes into full swing, it’s easier than ever to relax and enjoy everything that Florida has to offer. But one thing to remember is that thanks to the huge number of people visiting Florida to relax and vacation, drunk driving accidents steadily increase in frequency throughout the spring and summer months.

While there’s no way for the average person to actively stop people from drinking and driving, you can take steps to avoid putting yourself at risk to some degree. But if something occurs and you are involved in an accident that was caused by a drunk driver, you need to understand the steps worth taking to overcome the issue and get back on track in your life.

Showing Fault

Springtime often brings increased rates of drunk driving, and the first step towards overcoming the financial burden after an accident is simply figuring out whether or not the other person is responsible for your injuries. In terms of drunk driving, showing that they were under the influence... full post

A Closer Look At Boating Accident Liability Cases

A Closer Look At Boating Accident Liability CasesBeing injured in an accident can have a tremendous impact on your life, and not in a positive way. The simple fact is that when you are hurt, it can not only have a physical influence and a mental one, but a financial one as well. But when most people think of accidents, they think of automobile accidents or even slip and fall type accidents. However, in Florida the warm weather means that boating accidents are highly common as well.

Boating accidents are similar to auto accidents in terms of the types of injuries that can occur and the type of liability law that applies to them. For example:

DWI laws are identical, and a blood alcohol content level of .08 is considered driving while under the influence.
Accidents can lead to death, dismemberment, Traumatic Brain Injuries, and more.
When an accident occurs, the person who acted in a negligent or reckless manner will be held responsible.
Fault is determined based on the willful and reckless actions of a party. Speeding, driving recklessly, and driving under the... full post

Wrongful Death Laws And Your Legal Options

Wrongful Death Laws And Your Legal Options The legal system is one of the most complex, confusing, and misunderstood parts of the American way of life. But one thing that most are well aware of is simply that when a person you love has lost their life due to the reckless or negligent actions of someone else, it can feel as though you deserve justice. That’s because you do, and for those who find themselves in these situations filing a wrongful death lawsuit is something worth taking the time to consider.

The first step to doing so is simply to contact a wrongful death attorney. They’ll review your situation and make a determination as to the strength of your case and whether or not you have the legal grounds to seek compensation for your loss. This usually comes down to a few basic things:

Fault is based on acts of negligence and recklessness. In short, you must show that the other party acted in a manner that was reckless or negligent and that they were aware that their actions were as such.

You must... full post

Personal Injuries And Amusement Parks

Personal Injuries And Amusement Parks For most people, Florida is the capital of Amusement parks. After all, the state is home to a huge number of amusement parks from Universal Studios to Busch Gardens, there are plenty of places to have fun in Florida. But sometimes, accidents occur and injuries that happen in an amusement park range from minor to very severe.

When someone is injured in an amusement park, it’s often confusing as to just who is to blame or whether or not litigation can be pursued. As such, talking to a personal injury lawyer is always the best course of action. However, taking the time to learn just a bit about how personal injury cases relate to amusement parks can help you have a clearer idea about what to expect when you contact a lawyer and begin the process of seeking compensation for your injuries.

When Do You Have A Case?

The first thing to understand is simply whether or not you have the right to pursue legal action to gain financial compensation for your injuries. First of all, amusement parks do have reasonable... full post